COALEX REPORT 22

	Coalex Report 22

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   

COALEX STATE INQUIRY REPORT - 22
October 24, 1984

Ted Ford
Policy Analyst, Resource Protection
Department of Natural Resources
Fountain Square, Bldg. D-3
Columbus, Ohio 43229

TOPIC: DREDGING OPERATIONS

INQUIRY: In Ohio, there is a mining operation called in-stream mining -- a dredging operation
which takes sand from the stream-bed for industrial minerals.  Are there any state regulations in
the COALEX Library which address in-stream mining operations?

SEARCH RESULTS: See below.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   Dredging operations, at present, are regulated by the U.S. Army Corps of Engineers (COE)
under the Rivers and Harbors Act of 1899.  A Smithsonian report comparing the COE 404
regulatory requirements with SMCRA has been forwarded to IMCC by Mr. Stan Zeccolo, Office of
Surface Mining (OSM) to be included with the Report.  Mr. Zeccolo explained in a recent
telephone conversation that OSM is in the process of developing regulations to cover dredging
operations.

   Although at present not regulated under SMCRA, operators of dredging operations for coal are
responsible for payment of the AML reclamation fee.  In U.S. v H.G.D. & J. MINING COMPANY,
INC., 561 F Supp 315 (SW Va 1980), the District Court held that dredging for coal was considered
a coal mining operation under SMCRA and that the operator was, therefore, responsible for
payment of the AML fee assessment.


ATTACHMENTS
A    U.S. v H.G.D. & J. MINING COMPANY, INC., 561 F Supp 315 (SW Va 1980).
B    An Analysis of the Permitting Requirements of the Surface Mining Control and Reclamation
     Act and the Corps of Engineers 404 Program.  U.S. Department of the Interior,
     Smithsonian Institution, Washington, DC (April 24, 1984).
C    A Comparison of the Permitting Processes of SMCRA and the Corps of Engineers
     Concerning the Regulation of Coal Dredging Activities. U.S. Department of the Interior,
     Smithsonian Institution, Washington, DC (April 24, 1984).


Search conducted by: Terri H. Petruska

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